Massachusetts 2023 2023-2024 Regular Session

Massachusetts House Bill H1671 Introduced / Bill

Filed 02/16/2023

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HOUSE DOCKET, NO. 3608       FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 1671
The Commonwealth of Massachusetts
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PRESENTED BY:
Joseph D. McKenna and Peter J. Durant
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act granting Indian tribes access to the Massachusetts courts.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Joseph D. McKenna18th Worcester1/20/2023Peter J. Durant6th Worcester1/31/2023 1 of 2
HOUSE DOCKET, NO. 3608       FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 1671
By Representatives McKenna of Webster and Durant of Spencer, a petition (accompanied by 
bill, House, No. 1671) of Joseph D. McKenna and Peter J. Durant relative to Indian tribe access 
to the Massachusetts courts. The Judiciary.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act granting Indian tribes access to the Massachusetts courts.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows:
1 Chapter 221 of the General Laws as appearing in the 2020 Official Edition is hereby 
2amended by adding the following new section:
3 SECTION X:
4 Section 1. Individual or individuals serving on behalf of an Indian Tribe that has received 
5official recognition by the Commission on Indian Affairs shall be granted permission to 
6represent said Tribe on matters before the full legal system of Massachusetts and shall not be 
7deemed to be in violation of M.G.L. Chapter 221, section 41, M.G.L. Chapter 221, Section 46A, 
8or any other statute prohibiting self-representation or 	fraudulent practice of law.
9 Section2. Any individual or individuals representing an Indian Tribe before the courts in 
10Massachusetts must submit to the courts an affidavit attesting to their status as a non-lawyer, that 
11they have not passed the Massachusetts bar, and that they are not representing themselves to be a  2 of 2
12licensed practitioner of law. Failure to provide such affidavit shall constitute a violation of 
13M.G.L. Chapter 221, sections 41 and 46A.
14 Section 3. Such rights and privileges of ‘self-representation’ may only extend full Tribal 
15matters and shall not extend to individual members of such Tribes.